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‘C62 fefierafjufiiciary

Dr.  Christopher S.  Rice
Overall,  do you approve or
disapprove of the job the Supreme
Court does? 

A.  Strongly approve
B.  Approve

C.  Disappro...
Judiciary Act of 1789
“The Least Dangerous

Branch”
“Cull;  of the Robe”
Trial Courts or U. S. District Courts (94)
Appellate Courts or

U. S. Courts of Appeals (13)

Trial Courts or U. S. District Courts (94)
U. S. Supreme Court (1)

Appellate Courts or

U. S. Courts of Appeals (13)

Trial Courts or U. S. District Courts (94)
‘CS . 
Peclalty Courts”
Stnicmne of the | l.S.  Judicial System

State Court of Last Resort U. S. Court of Appeals

 



Intermediate State F0dCf3...
| uris diction

A court’s authority to hear cases of a
particular type.
Becoming a federal judge

I Nomination & Confirmation
I Qualifications 

I Impeachment
Becoming a federal judge

I Nr; )1ninat: ion 8: Contirmat: ir>n
I Qualifications 

I Impeachment
Becoming a federal judge

I ilo1ninat: ir; m 8: Contirmatjion
I Qualifications 

I Impeachment
Trial (District) Courts
Trial courts which hear a case for the
first ‘time and malte cieterminations of
fact,  law,  and who wins,  are known as: ...
Original | urisdiction

the authority to be the first court to

hear a case.
Criminal Law

Deals with offenses against
society as a whole.
Civil Law

Regulates obligations between
individuals,  individuals and

government,  & individuals and

corporations.
Grand Juries
Appellate Courts
Federal District Courts and Courts of Appeal

   
 

PiElL$': ri}§o
E(‘, i‘“~— ““‘ NEW HAMPSHIRE.  _ _/ “C CK
/ KBTNGTO DT...
Appellate Courts vs.  Trial Courts

I Appellate.  courts do not hear new cases, 
just cases on appeal from federal trial

...
Appellate Courts vs.  Trial Courts

I Appeals are based on legal issues rather
than questions of factual material.
Appellate Courts vs.  Trial Courts

I Do not accept new evidence or hear
additional witnesses.
Appellate Courts vs.  Trial Courts

I Restrict their review to points of law
under dispute.
TRUE or FALSE: 

About 95% of the cases which

are appealed to the Supreme
Court are turned away without
any formal decisi...
Most appeals courts decisions are

final.
Appellate Court

Procedure
Precedent
A judicial decision that serves as a

rule for settling subsequent cases of

a similar nature.
Stare Decisis

Doctrine of closely following

precedent as the basis for legal

reasoning.
0|‘

You were honestly surprised
when the judge overseeng

the Anna Nicole Smith trial
was busted forpossession. 

 - p
 l...
Supreme Court of the

United States
Supreme Court of the
United States

I Size determined by Congress.
Supreme Court of the
United States

I Congress determines appellate
jurisdiction of Supreme Court.
Supreme Court of the
United States

I Supreme Court decisions become most
important forms of precedent on
federal and cons...
The Supreme Court exercises its
right to hear a case by: 

A.  issuing a writ of
mandamus. 
B.  notifying Congress of the
...
.-.  -7 ' (a as‘ ‘

, ',. ‘.- r. - C‘, ',. -.’ r. ‘, I‘ . ',-'
/  /
. . I. . p’

‘-1 §Jn§ «.4 1--s’--

Order from the Cour...
The “Rule of Four”
Oral Arguments
A/ mm:  Curiae briefs
Written Opinions
Majority Opinion
(aka the “opinion of the court”)

Statement of the legal reasoning that
supports the decision of the

maj...
C pinion

L

Opinion of a justice or justices who

Concurring

support the majority decision but

have different legal rea...
Dissenting Opinion

The reasoning of the minority, 

explaining their dissent.
A Confusion of Opinions
Remanding to a

lower court
The judicial branch has the power to
overturn acts of Congress or the president
that it determines are in conflict with th...
Iudicial Review

the power of the Court to rule on

the constitutionality of state,  federal
laws and executive actions.
Jefferson & Madison

vs. 
Hamilton
Marbztgl 12. Madison (1803)
Federal and State Laws Declared Unconstitutional

Number of laws declared unccnstitutional
400

350

300 State and local

...
The Federal Judiciary
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The Federal Judiciary

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Presentation prepared for lectures on the Federal Judiciary for PS 101 American Government at the University of Kentucky, Spring 2007. Dr. Christopher S. Rice, instructor.

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Transcript of "The Federal Judiciary"

  1. 1. ‘C62 fefierafjufiiciary Dr. Christopher S. Rice
  2. 2. Overall, do you approve or disapprove of the job the Supreme Court does? A. Strongly approve B. Approve C. Disapprove D. Strongly disapprove E. Don’t know
  3. 3. Judiciary Act of 1789
  4. 4. “The Least Dangerous Branch”
  5. 5. “Cull; of the Robe”
  6. 6. Trial Courts or U. S. District Courts (94)
  7. 7. Appellate Courts or U. S. Courts of Appeals (13) Trial Courts or U. S. District Courts (94)
  8. 8. U. S. Supreme Court (1) Appellate Courts or U. S. Courts of Appeals (13) Trial Courts or U. S. District Courts (94)
  9. 9. ‘CS . Peclalty Courts”
  10. 10. Stnicmne of the | l.S. Judicial System State Court of Last Resort U. S. Court of Appeals Intermediate State F0dCf3| US. Court of Appeal Regulatory District (not all states have this level) Agencies Courts L . . State Court of General Jurisdiction L4. State Court of Limited Jurisdiction
  11. 11. | uris diction A court’s authority to hear cases of a particular type.
  12. 12. Becoming a federal judge I Nomination & Confirmation I Qualifications I Impeachment
  13. 13. Becoming a federal judge I Nr; )1ninat: ion 8: Contirmat: ir>n I Qualifications I Impeachment
  14. 14. Becoming a federal judge I ilo1ninat: ir; m 8: Contirmatjion I Qualifications I Impeachment
  15. 15. Trial (District) Courts
  16. 16. Trial courts which hear a case for the first ‘time and malte cieterminations of fact, law, and who wins, are known as: A. appellate courts. B. entry level courts. C. primary courts. D. courts of original jurisdiction.
  17. 17. Original | urisdiction the authority to be the first court to hear a case.
  18. 18. Criminal Law Deals with offenses against society as a whole.
  19. 19. Civil Law Regulates obligations between individuals, individuals and government, & individuals and corporations.
  20. 20. Grand Juries
  21. 21. Appellate Courts
  22. 22. Federal District Courts and Courts of Appeal PiElL$': ri}§o E(‘, i‘“~— ““‘ NEW HAMPSHIRE. _ _/ “C CK / KBTNGTO DTTTT ‘ ’“‘~~_-~—- ~1AssAc’rEiCrsAi§)rhr1.: , l'f(i'V'A": ,E: ’ / ' MONTANA [| )i3(. liRC)T‘il-/ it K ’ D i I / OREGON - »"-t N NNESOTA “‘~. _ . / <1 . * __ _ j ‘fi {M C55: ri ) _ IDAHO It —— SOUTH g Qmsifq l : NEW YORKy—-4 . ‘ DAKOTA . 3 icHicA . -J _, .-»« "‘ ]— . . A, » - T — — CT / ~—— " WYOMING i * ' ' ": »/F’/ lElll'J"YLVl‘illll, 'i ‘”°'“‘‘'35 1 ’ T I IOWA T ‘T "T ° 4 ‘ "-VIVEW‘ I C __ 4 NEBRASKA INDIANA Oli| OVflE_1¢-/ (i‘~. :.v -Islands ‘-~‘— . 1 I at’ . ~— 5., 4». "EVADA *- LLINOI '. VlRGlt A Q5153 —NJ r ‘’T*‘“ l“ ’ . H‘ ueoiNiA: l-~' —DE l "' COLORADO A "‘ “.1 ‘ ‘V " _MD C, (L, FORN, A l . KANS/ kc; wiissou . «KENTLJLK/ ‘t / , : . . ‘-1 ff “T A-; i_. ‘luL l 5 ; -*7” NORIH ‘ ‘ L“ . CAROLINA K a _ . ~ ‘ " AROLINA wra _‘_ I, ARIZONA l Mgiglrgo ' __ A{LABA, , circuit — 5' l l”’Tiésissiii>Pi EORGM _ ‘ ‘ TEXAS T A ‘ . , LJEUISIANAC -, _ HFLOBIDA ‘Q. , : "~ -1 , "‘1/TJ"_‘ x/ (V "A_~'g “A "2 ~* ‘ ' ALASKA . / ~. . r" ‘. { . L '1" ~; HAWAII” ~'" A D Includes Guam and Nrnrrliern Mariana lslaorizs , ., av”
  23. 23. Appellate Courts vs. Trial Courts I Appellate. courts do not hear new cases, just cases on appeal from federal trial COl.11'tS.
  24. 24. Appellate Courts vs. Trial Courts I Appeals are based on legal issues rather than questions of factual material.
  25. 25. Appellate Courts vs. Trial Courts I Do not accept new evidence or hear additional witnesses.
  26. 26. Appellate Courts vs. Trial Courts I Restrict their review to points of law under dispute.
  27. 27. TRUE or FALSE: About 95% of the cases which are appealed to the Supreme Court are turned away without any formal decision by the Court.
  28. 28. Most appeals courts decisions are final.
  29. 29. Appellate Court Procedure
  30. 30. Precedent A judicial decision that serves as a rule for settling subsequent cases of a similar nature.
  31. 31. Stare Decisis Doctrine of closely following precedent as the basis for legal reasoning.
  32. 32. 0|‘ You were honestly surprised when the judge overseeng the Anna Nicole Smith trial was busted forpossession. - p l '5
  33. 33. Supreme Court of the United States
  34. 34. Supreme Court of the United States I Size determined by Congress.
  35. 35. Supreme Court of the United States I Congress determines appellate jurisdiction of Supreme Court.
  36. 36. Supreme Court of the United States I Supreme Court decisions become most important forms of precedent on federal and constitutional questions, for all levels of jurisdiction.
  37. 37. The Supreme Court exercises its right to hear a case by: A. issuing a writ of mandamus. B. notifying Congress of the list of all cases it will hear that session. C. one of the justices accepting the case. D. issuing a writ of certiorari.
  38. 38. .-. -7 ' (a as‘ ‘ , ',. ‘.- r. - C‘, ',. -.’ r. ‘, I‘ . ',-' / / . . I. . p’ ‘-1 §Jn§ «.4 1--s’-- Order from the Court to lower courts demanding that they send up a complete record of a case.
  39. 39. The “Rule of Four”
  40. 40. Oral Arguments
  41. 41. A/ mm: Curiae briefs
  42. 42. Written Opinions
  43. 43. Majority Opinion (aka the “opinion of the court”) Statement of the legal reasoning that supports the decision of the majority of the court.
  44. 44. C pinion L Opinion of a justice or justices who Concurring support the majority decision but have different legal reasons for doing so.
  45. 45. Dissenting Opinion The reasoning of the minority, explaining their dissent.
  46. 46. A Confusion of Opinions
  47. 47. Remanding to a lower court
  48. 48. The judicial branch has the power to overturn acts of Congress or the president that it determines are in conflict with the Constitution. Do you think the courts should have this power ofjudicial review? A. Yes B. No C. Don’t know
  49. 49. Iudicial Review the power of the Court to rule on the constitutionality of state, federal laws and executive actions.
  50. 50. Jefferson & Madison vs. Hamilton
  51. 51. Marbztgl 12. Madison (1803)
  52. 52. Federal and State Laws Declared Unconstitutional Number of laws declared unccnstitutional 400 350 300 State and local 250 1- A 1 ii 1, ii 200 150 100 50 Federal 0 ___. — , 1789180010 20 30 40 50 60 70 80 90190010 20 30 40 50 60 70 80 902000

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